Farm Worker Rear-Ended By UPS

The symptoms from the injury resulted in him being referred out to a neurosurgeon for surgery on a pre-existing asymptomatic arterial venous malformation (AVM). The surgical procedure went poorly and Mr. Servin was left essentially paralyzed on the left side of his body. Defendants took the position that the condition that he was operated on was for a pre-existing unrelated medical condition. Mr. Servin and counsel took the position that the AVM was made symptomatic or, in the alternative, would never have been discovered but for the collision and it would never have created any problems for him. Further, the claim was made that the surgeon who did the procedure did not adequately provide Mr. Servin with informed consent to make a decision to have the procedure and to consider the factors of his age and the lack of symptoms prior to the incident. Defendants offered $150,000 to settle the matter. The jury awarded $6.5 million to Mr. Servin for his noneconomic and economic losses and $500,000 to his wife for her loss of consortium.

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